TERMS AND CONDITIONS

These terms and conditions apply to all purchases: Merchandise items, Sample Pack downloads and digital releases on the Upward Records website, proprietor Benjamin Klügel which are carried out by private customers. Private customers as defined here are natural persons, as long as the goods they order cannot be attributed either to their commercial or standalone occupational functions.

§ 1 Conclusion of contract/ordering process
1. By presenting our merchandise and granting you the option of ordering, this is not associated with any binding offer on our part. Only your order constitutes an offer to us to conclude a purchase agreement. When you submit an order to us, we send an email to the email address you have given us, whereby we confirm receipt of your order and itemise it in detail (order confirmation). This order confirmation does not constitute acceptance of your offer but is only to inform you that we have received your order.
2. A purchase agreement with us is only established when in the case of purchased sound recordings and merchandise items, we ship the product you have ordered and confirm shipping to you with a second email (shipping confirmation) or in a case where digital releases are purchased (music downloads), the download process is initiated.

3. Ordering process:
By clicking, the ordered items and downloads are placed in the shopping basket. The first time a customer views the contents of the basket, they must register once. As such, the customer is automatically forwarded to the user area. When registering, a user profile is compiled, to which you can add additional information voluntarily besides the required minimum details.
The customer is obliged to provide truthful details about him or herself. Registering under a pseudonym is not permitted. The customer should also provide a current valid email address.
Access to the user profile is password-protected. The customer may specify the password. He or she is obliged to keep it confidential and bears sole responsibility for any case of unauthorised use or misuse of their user profile.
§ 2 Prices and shipping costs
The prices shown are prices excluding taxes. Taxes will be calculated depending on customers country and will be displayed in the cart and on the checkout page. The valid amount is the one shown at the time the binding order is displayed. Added to this are shipping costs, which depend on the method of shipping and the size and weight of the merchandise you have ordered. Check the details at [link to "Shipping costs"]. We bear the regular costs of return, which are incurred if the merchandise is returned in exercising your cancellation right ([link to "Cancellation right"]). When exercising your cancellation right, we also refund the shipping costs.
Customers outside Germany should note that in addition to the final price and shipping costs, customs duty may be due on imports into the customer’s country.
§ 3 Payment
PayPal
During the ordering process you are forwarded directly to the PayPal log-in page. Please log into your PayPal account or set up a new account or guest account.
It is then up to you, whether you complete the payment by credit card, bank transfer or deduction from your PayPal account. In order to make a payment by credit card or bank transfer, you should have authorised this function previously in your PayPal account.
For further information about the PayPal payment system, please refer to Pay Pal Website.

Stripe
During the ordering process you will be forwarded to enter your credit card information. After you pressed the "Buy Now" button Stripe validates your entered information and charges your card immediatley.
Your credit card information won't be saved on our servers.

For more information visit the Stripe website: Stripe Website
§ 4 Cancellation right
1. For consumers as defined in § 13 BGB the following legal right of cancellation applies to distance contracts:

You may cancel your contractual declaration in writing (e.g. letter, fax, email) without giving reasons within 14 days or - if the item is sent to you before the expiry date - by returning the item. The term begins after receiving these instructions in writing but not before the merchandise arrives at the recipient (with recurring delivery of similar goods not before the first partial delivery is received) and not before fulfilment of our notification obligations as per article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB plus our obligations as per § 312e paragraph 1 clause 1 BGB in conjunction with article 246 § 3 EGBGB. To adhere to the cancellation term it is sufficient to mail the cancellation or the item promptly.
The cancellation should be sent to:

Upward Records
Achtern Diek 7
25436 Uetersen
Email: shop@email.upward-records.com

If a cancellation is effected, the services received by both parties are to be returned and any benefits derived from them (e.g. interest) to be surrendered. If you are not able to return the service received wholly or in part or only in a deteriorated condition, you must provide us with compensation for the appropriate value as required. When submitting items this does not apply if the deterioration of the item is due exclusively to testing it - as you would have been able to in a retail store, for example. Otherwise, you can avoid the obligation to compensate for deterioration of an item that occurs due to it being used as intended, if you do not use the item as your property and do nothing that would adversely affect its value.
Items ready to be shipped in packages are to be returned at our risk. You will bear the costs of the return if the merchandise supplied corresponds to what you ordered and if the price of the item to be returned is no more than €40 in value or if the item has a higher price and at the time of cancellation you have not yet rendered the equivalent service or a contractually agreed partial payment. Otherwise, the return is free of charge to you. Items that are not ready to be sent as packages will be picked up. Obligations to refund payments must be fulfilled within 30 days. The term begins for you when you mail your cancellation statement or the item and for us when we receive it.
End cancellation instructions"

2. Exclusion of cancellation rights No cancellation right exists as per § 312 d paragraph 4 no. 2 BGB in distance contracts for the delivery of audio or video recordings or of software, if you have unsealed the supplied recordings. Similarly, no cancellation right exists for music downloads, as these are by their very nature unsuitable for return shipping, § 312 d paragraph 1 no. 1 BGB.
§ 5 Shipping
1. Delivery is made to the shipping address given by the customer. Shipping is undertaken exclusively through DHL (www.dhl.de). Information about shipping costs is provided here.
2. If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently unfeasible, Upward Records’s liability is excluded. Upward Records will refund any payments already made without delay.
3. Upward Records may also refuse to deliver if this requires an effort that in considering the content of the purchase agreement and the precepts of good faith is grossly disproportionate to the customer’s interest in fulfilling the purchase agreement. Upward Records will refund any payments already made without delay.
§ 6 Low-cost shipping of returned items
1. When returning merchandise and accessories please use the original packaging if possible, even if it has been damaged by being opened for inspection. You are not obliged to do so but by returning items in their original packaging you can prevent us having to demand compensation in some circumstances if the original packaging is missing.
2. For returns please use the stamped addressed return stickers enclosed with the merchandise supplied. This is the simplest and most economical shipping method. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping option, you may in some circumstances be obliged to pay us the increased costs compared to a lower cost shipping method.
§ 7 Retention of title
Until all existing claims arising from the purchase agreement vis-à-vis the customer have been settled in full, the merchandise supplied remains the property of Upward Records. As long as this retention of title applies, the customer may not sell on or dispose of the merchandise; in particular, the customer may not grant any contractual use of the merchandise to any third parties.
§ 8 Warranty rights
1. With a product that is defective when delivered (warranty case) Upward Records will replace it according to the customer’s wishes with one free of defects or have it professionally repaired (remedial action) at Upward Records’s expense. The customer should not that no warranty applies if the product was in the agreed condition at the passing of risk. No warranty applies in particular in the following cases:
a) Damage that has occurred due to misuse or improper use by the customer,
b) Damage that has occurred because the products have been exposed to harmful external effects, (in particular extreme temperatures, damp, exceptional physical stress, fire).

2. Upward Records does not give any guarantee for a fault that has occurred due to improper repair by a service provider not authorised by the manufacturer.
3. If the type of remedial action the customer desires (replacement or repair) requires service that in view of the product price in considering the contract and the precepts of goodwill is grossly disproportionate to the customer’s performance interest - whereby particular consideration is to be given to the value of the purchased item without defects, the significance of the defect and the question of whether it is possible to resort to the other method of remedial action without significant disadvantages for the customer - the customer’s claim is restricted to the other method of remedial action respectively. Upward Records’s right to refuse this other type of remedial action under the abovementioned precondition as well remains unaffected.
§ 9 Usage rights
Upward Records grants you a straightforward, irrevocable, non-transferable right to the exclusive personal use of the pieces of music acquired by download and to use them in the way described. You have the right to burn the titles on to data storage media for your own use as often as you wish or to copy them to your music playing devices. The titles acquired may not be modified or modified versions used. It is not permitted to copy music titles for third parties or make them available to third parties, to forward, counterfeit, sell on or use them for commercial purposes. Onward transfer of rights to third parties is expressly excluded. Transfer of rights occurs when the download is completed but is still subject to payment of the full purchase price.
§ 10 Liability
1. With slight negligence, Upward Records is liable only in cases where significant contractual obligations are violated and is restricted to unforeseeable damage. This restriction does not apply in the case of injury to life, limb and health. Upward Records is not liable for any other damages caused by a defect of the purchased item due to slight negligence.
2. The personal liability of Upward Records’s legal representatives, assistants and employees is excluded for damages caused by them due to slight negligence.
§ 11 Data protection statement
We handle personal data when processing orders in our online store. The data entered by the user in forms is stored in the process (name, address details, date and order or booking dates). The form data is also stored as an email (in writing) and transferred to lists. The data is archived in databases for the purposes of order processing, billing and accounting etc. Any other use of the data recorded, e.g. for promotional purposes, does not occur without the approval of the user/customer. We may use addresses (including email addresses) to obtain this approval. This approval may be revoked by simply notifying us at any time. Any data is then completely deleted. No data at all is passed to third parties, unless the fulfilment of contractual obligations or the pursuit of contractual claims makes this necessary.
§ 12 Applicable law
The contract concluded between you and Upward Records is subject exclusively to the law of the Federal Republic of Germany under express exclusion of the United Nation’s CISG. The mandatory provisions of the state, in which you are normally resident, remain unaffected by this.
§ 13 Jurisdiction
As long as you have no place of residence in the Federal Republic of Germany contrary to the details you provide when ordering or after concluding the contract you move to another country or your place of residence is unknown on the date a complaint is filed, the court of jurisdiction for all disputes arising from and in connection with this contract is Elmshorn, Germany.
§ 14 Severability clause
Should individual provisions of these terms of business be or become void either wholly or in part, this does not otherwise affect the validity of the terms of business. The parties are obliged to replace the invalid or void term by a valid term, which comes closest to the intended business purpose. The same applies in the case of a loophole.